Chapter 13

13.123(3)(b)1.b. b. After the day of the general election, that it is generally acknowledged that the member has not been elected to a legislative seat for the succeeding session.

13.123(3)(b)2. 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections commission or the chairperson’s designee if such determination has been issued.

13.123(3)(c) (c) Paragraph (b) may not be construed to affect eligibility for any allowance authorized under sub. (1) or (2).

13.123 History History: 1971 c. 13; 1973 c. 1; 1975 c. 39, 199; 1977 c. 115, 277, 325; 1979 c. 34 s. 2100; 1983 a. 27 ss. 10, 2202 (33); 1991 a. 316; 1993 a. 52; 1995 a. 27, 225; 1997 a. 27; 1999 a. 182; 2001 a. 16; 2003 a. 33 ss. 13 to 16, 9160; 2005 a. 25; 2007 a. 1; 2011 a. 75; 2015 a. 55, 118.

13.124 13.124 Legal representation.

13.124(1) (1) 

13.124(1)(a) (a) The speaker of the assembly, in his or her sole discretion, may authorize a representative to the assembly or assembly employee who requires legal representation to obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a), if the acts or allegations underlying the action are arguably within the scope of the representative’s or employee’s duties. The speaker shall approve all financial costs and terms of representation.

13.124(1)(b) (b) The speaker of the assembly, in his or her sole discretion, may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a), in any action in which the assembly is a party or in which the interests of the assembly are affected, as determined by the speaker. The speaker shall approve all financial costs and terms of representation.

13.124(2) (2) 

13.124(2)(a) (a) The senate majority leader, in his or her sole discretion, may authorize a senator or senate employee who requires legal representation to obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (b), if the acts or allegations underlying the action are arguably within the scope of the senator’s or employee’s duties. The senate majority leader shall approve all financial costs and terms of representation.

13.124(2)(b) (b) The senate majority leader, in his or her sole discretion, may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (b), in any action in which the senate is a party or in which the interests of the senate are affected, as determined by the senate majority leader. The senate majority leader shall approve all financial costs and terms of representation.

13.124(3) (3) 

13.124(3)(a) (a) The cochairpersons of the joint committee on legislative organization, in their sole discretion, may authorize an employee of a legislative service agency, as defined in s. 13.90 (1m) (a), who requires legal representation to obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a) or (b), as determined by the cochairpersons, if the acts or allegations underlying the action are arguably within the scope of the employee’s duties. The cochairpersons shall approve all financial costs and terms of representation.

13.124(3)(b) (b) The cochairpersons of the joint committee on legislative organization, in their sole discretion, may obtain legal counsel other than from the department of justice, with the cost of representation paid from the appropriation under s. 20.765 (1) (a) or (b), as determined by the cochairpersons, in any action in which the legislature is a party or in which the interests of the legislature are affected, as determined by the cochairpersons. The cochairpersons shall approve all financial costs and terms of representation.

13.124 History History: 2017 a. 369.

13.124 Annotation This section provides a quick, streamlined basis for the legislature’s leadership to obtain counsel for the legislature in “any action.” By contrast, s. 16.74 allows each house of the legislature to obtain counsel as needed, irrespective of whether an action exists. Waity v. Lemahieu, 2022 WI 6, 400 Wis. 2d 356, 969 N.W.2d 263, 21-0802.

13.125 13.125 Chaplains. The officiating chaplain of the senate and assembly shall be paid such amount as may be established by each house for each day of service from the appropriation under s. 20.765 (1) (a) or (b). Payment shall be made on certification by the chief clerk of the senate or of the assembly, respectively, showing the amount to which each chaplain is entitled.

13.125 History History: 1977 c. 29; 1983 a. 27 s. 2202 (33); 2003 a. 33; 2005 a. 25.

13.127 13.127 Advice and consent of the senate. Any individual nominated by the governor or another state officer or agency, and with the advice and consent of the senate appointed, to any office or position may not hold the office or position, be nominated again for the office or position, or perform any duties of the office or position during the legislative session biennium if the individual’s confirmation for the office or position is rejected by the senate.

13.127 History History: 2017 a. 369.

13.13 13.13 Speaker; deputy speaker; president of senate.

13.13(1) (1) Speaker. The assembly shall elect by roll call vote one of its members as speaker who shall hold office during the term for which elected to the assembly unless separated by death, resignation or removal by a majority of the total present membership of the assembly. If the office is permanently vacated during the session, a successor shall be chosen.

13.13(2) (2) Deputy speaker. The assembly shall elect a deputy speaker who shall hold office for the term for which elected to the assembly unless separated by death, resignation or removal.

13.13(3) (3) President of senate. The senate shall elect a president at the commencement of each regular session. The president shall hold office until the commencement of the next succeeding regular session unless separated by death, resignation or removal.

13.13 History History: 1979 c. 34, 110, 355.

13.14 13.14 Miscellaneous expenses.

13.14(2) (2) Floral pieces. The senate and assembly may procure floral pieces for deceased or ill members of the legislature and state officers who, in the judgment of the presiding officer and chief clerk, have been identified with the legislative process. Such expenses shall be by voucher, signed by the presiding officer or chief clerk of the respective house, and shall be drawn on the appropriation under s. 20.765 (1) (a) or (b).

13.14(3) (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators, and research staff assigned to legislative committees incident to attending meetings outside the state capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b).

13.14 History History: 1975 c. 39 ss. 9, 734; 1977 c. 272 s. 98; 1979 c. 34; 1983 a. 27 s. 2202 (33); 1993 a. 16; 2001 a. 19; 2003 a. 33; 2005 a. 25.

13.15 13.15 Chief clerks.

13.15(1) (1) Election. Each house, at the commencement of each regular session, shall elect a chief clerk who shall perform all duties as by custom appertain to the office and all duties imposed by law or by the rules. In the absence of the chief clerk, the duties shall be performed by one of the clerks acting under the chief clerk, appointed by the chief clerk in writing.

13.15(2) (2) Salary and expenses. The chief clerk of the senate and of the assembly shall each receive:

13.15(2)(a) (a) The salary established in implementation of s. 13.20 (2).

13.15(2)(b) (b) For travel to and from the state capitol and for expenses incurred for food and lodging, necessitated by the establishment of a temporary residence in Madison during any session of the legislature, the same reimbursement as is provided members of the legislature by ss. 13.08 (2) and 13.123 (1).

13.15(2)(c) (c) In the period when the legislature is not in session, their actual and necessary expenses incurred in the performance of their duties. Such expenses shall be reimbursed by voucher signed by the presiding officer of the respective house.

13.15(2)(d) (d) For attendance at conferences and other official meetings approved by the president for the senate or the speaker for the assembly, their actual and necessary expenses.

13.15 History History: 1979 c. 34; 1985 a. 135.

13.16 13.16 Chief clerks’ duties. The chief clerk of each house shall be personally responsible for the safekeeping of every bill, memorial, joint resolution or other document or paper pertaining to legislation, received personally or through a deputy or assistant from any member, committee or officer of the legislature or of either house thereof. The chief clerk shall keep a full record of them and shall enter in the record the disposition made of them. The chief clerks, at the close of each session shall deposit for safekeeping in the office of the secretary of state all books, bills, documents and papers in the possession of the legislature, correctly labeled. The chief clerk of the house in which a joint resolution or resolution originates shall deposit a copy of the resolution or joint resolution in the office of the secretary of state immediately upon its adoption by the legislature, enrollment and signing.

13.16 History History: 1983 a. 36 s. 96 (2); 1985 a. 135.

13.17 13.17 Journals. A journal of the senate and assembly shall be prepared under the direction of the chief clerks of the respective houses. When completed, each journal shall be printed as provided by law. The chief clerk of each house shall certify one copy of such journal to the secretary of state for deposit. The printed journals shall be the official record of each house of the legislature.

13.172 13.172 State agency reports.

13.172(1) (1) In this section, “agency” means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, or 279.

13.172(2) (2) Notwithstanding any other law, any agency which is required, by statute, to submit a report to the legislature shall submit the report to the chief clerk of each house of the legislature. The chief clerks shall publish notice of receipt of the report in the journals of the respective houses. The chief clerks shall also periodically provide a list of the agency reports received to the members of the respective houses. Members may obtain copies of the reports by checking those reports on the list that they wish to receive and returning the list to the chief clerk. The speaker of the assembly or the president of the senate may direct the chief clerk to distribute copies of any of the reports to all members of the house, specified standing committees in that house or other persons.

13.172(3) (3) Notwithstanding any other law, any agency which is required, by statute, to submit a report to the speaker of the assembly or the president of the senate; to appropriate standing committees of the legislature, as determined by the speaker or president; to any specified standing committee except the joint committee on finance; to standing committees with specified subject matter jurisdiction; or to standing committees with specified subject matter jurisdiction, as determined by the speaker or president, shall submit the report to the chief clerk of each house of the legislature. The chief clerks shall publish notice of receipt of the report in the journals of the respective houses. The chief clerks of the assembly and the senate shall also notify the speaker and president, respectively, that the report has been received and shall distribute the report to standing committees in that house or other persons, as directed by the speaker or president.

13.172 History History: 1983 a. 524; 1987 a. 399; 1995 a. 27; 2005 a. 74, 335; 2007 a. 20, 97; 2009 a. 28; 2011 a. 7, 10; 2013 a. 20.

13.175 13.175 Referenda. Every proposal for legislation which is to be submitted to the voters for their approval or for an expression of their opinion including, without limitation because of enumeration, proposed constitutional amendments, advisory referenda, and legislation designed to become effective only after ratification by the voters shall include a complete statement of the referendum question upon which the voters shall be requested to vote in the form prescribed under s. 5.64 (2). No such proposal shall be passed by either house of the legislature unless it contains the precise wording of the referendum question which is to be submitted to the voters for their approval, expression of opinion or ratification.

13.175 History History: 1985 a. 304.

13.175 Cross-reference Cross-reference: Section 10.01 (2) (c) provides that on a state referendum an explanatory statement of the effect of a “Yes” or “No” vote is to be prepared by the attorney general.

13.175 Annotation It is within discretion of the legislature to submit several distinct propositions to the electorate as one constitutional amendment if they relate to the same subject matter and are designed to accomplish one general purpose. Milwaukee Alliance v. Elections Board, 106 Wis. 2d 593, 317 N.W.2d 420 (1982).

13.176 13.176 Article V convention.

13.176(1) (1) In this section:

13.176(1)(a) (a) “Alternate delegate” means an individual appointed under sub. (2) (b) to fill a vacancy in the delegation appointed under sub. (2) (a).

13.176(1)(b) (b) “Article V application” means a joint resolution, as authorized under article V of the U.S. Constitution, adopted by both houses of the Wisconsin legislature applying to Congress for an article V convention for proposing amendments.

13.176(1)(c) (c) “Article V convention” means a convention called by Congress upon application of the legislatures of at least two-thirds of the states for the purpose of proposing amendments to the U.S. Constitution, as authorized by article V of the U.S. Constitution.

13.176(1)(d) (d) “Delegate” means an individual appointed under sub. (2) (a) to represent the state of Wisconsin at an article V convention.

13.176(1)(e) (e) “Unauthorized amendment” means a proposed amendment to the U.S. Constitution that is outside the scope of the subject matter of the article V application.

13.176(2) (2) 

13.176(2)(a) (a) If Congress calls an article V convention, the legislature and the governor shall appoint 9 delegates to attend the convention as follows, but only after the legislature has passed an article V application:

13.176(2)(a)1. 1. The speaker of the assembly shall appoint 3 members of the assembly.

13.176(2)(a)2. 2. The president of the senate shall appoint 3 members of the senate.

13.176(2)(a)3. 3. The governor shall appoint one member of either the assembly or the senate.

13.176(2)(a)4. 4. The minority leader of the assembly shall appoint one member of the assembly.

13.176(2)(a)5. 5. The minority leader of the senate shall appoint one member of the senate.

13.176(2)(b) (b) The legislature and the governor shall appoint 6 alternate delegates to attend the convention as follows:

13.176(2)(b)1. 1. The speaker of the assembly shall appoint 2 members of the assembly.

13.176(2)(b)2. 2. The president of the senate shall appoint 2 members of the senate.

13.176(2)(b)3. 3. The governor shall appoint one member of either the assembly or the senate.

13.176(2)(b)4. 4. The minority leader of the assembly and the minority leader of the senate shall appoint one member of the assembly or of the senate.

13.176(2)(c) (c) Any vacancy in the delegation appointed under par. (a) shall be filled by an alternate delegate appointed under par. (b) within 24 hours after the vacancy occurs. Any vacancy in the alternate delegation appointed under par. (b) shall be filled by an alternate appointee from the list maintained under sub. (3) (c) within 24 hours after the vacancy occurs. If a delegate or an alternate delegate is dismissed or vacates his or her appointment for any reason, the person who made the original appointment shall appoint the replacement of the delegate or alternate delegate.

13.176(2)(d) (d) The term for each delegate begins with the call of the article V convention and ends on the day of the final adjournment of the convention.

13.176(3) (3) 

13.176(3)(a) (a) No delegate appointed under sub. (2) (a) may vote or take any other action at an article V convention to consider or approve an unauthorized amendment.

13.176(3)(b) (b) If any delegate votes or takes any other action in violation of par. (a), the other delegates, at the request of any one delegate, may convene to consider removing the delegate voting in violation of par. (a) and may immediately dismiss that delegate by the approval of a majority of the other delegates appointed under sub. (2) (a). No more than one delegate at a time may be dismissed under this paragraph. If a delegate is dismissed, another delegate may not be dismissed until a new delegate has been appointed to replace the first dismissed delegate.

13.176(3)(c) (c) The speaker of the assembly, president of the senate, minority leader of the assembly, minority leader of the senate, and governor shall each maintain a list of alternate appointees, in addition to the alternate delegates appointed under sub. (2) (b), in case a delegate is dismissed as provided under par. (b).

13.176(4) (4) The chief clerk of the assembly and chief clerk of the senate shall jointly certify in writing to the article V convention the identity of the delegates appointed under sub. (2) or dismissed under sub. (3) (b) and the filling of any delegation vacancy within 24 hours after the appointment or dismissal or the filling of a vacancy.

13.176(5) (5) 

13.176(5)(a) (a) After Congress calls for an article V convention, the legislature shall create a joint committee of correspondence responsible for communications with the delegates to the convention. The joint committee of correspondence shall be comprised of 6 members appointed as follows, except that no delegate may be appointed to the committee:

13.176(5)(a)1. 1. The speaker of the assembly shall appoint 2 members of the assembly.

13.176(5)(a)2. 2. The president of the senate shall appoint 2 members of the senate.

13.176(5)(a)3. 3. The minority leader of the assembly shall appoint one member of the assembly.

13.176(5)(a)4. 4. The minority leader of the senate shall appoint one member of the senate.

13.176(5)(b) (b)

13.176(5)(b)1. 1. The delegates shall direct all communications with the legislature to the joint committee of correspondence. Before any delegate may vote on a proposed adoption or modification of the rules governing the convention or any proposed final amendment, the delegates shall communicate with the joint committee of correspondence regarding any such proposal.

13.176(5)(b)2. 2. If the joint committee of correspondence does not render a decision on any proposed adoption or modification of rules governing the article V convention within 6 hours of receiving notification from the delegates, the delegates shall presume that the committee approves the proposed adoption or modification of such rules. If the joint committee of correspondence decides within the 6-hour period against the adoption or modification of the rules governing the convention, the delegates shall vote against the adoption or modification of the rules. If the adoption or modification of the rules takes effect regardless of the disapproval of the joint committee and the delegates, the delegates may not participate further in the convention.

13.176(5)(b)3. 3. If the joint committee of correspondence does not render a decision on any proposed final amendment within 6 hours of receiving notification from the delegates, the delegates shall presume that the committee determined that the amendment is not an unauthorized amendment and may vote on the proposed final amendment. If the joint committee of correspondence decides within the 6-hour period that the proposed final amendment is an unauthorized amendment, the delegates may not vote on the amendment and may not participate further in the convention. If the joint committee of correspondence decides within the 6-hour period that the proposed final amendment is within the scope of the subject matter of the article V application, the delegates may vote on the amendment.

13.176(5)(c) (c) For the purpose of determining a quorum of the committee necessary to transact business, a committee member who participates in a meeting of the committee by telephone or by other means of telecommunication or electronic communications is considered present.

13.176 History History: 2017 a. 83.

13.18 13.18 Sergeants at arms.

13.18(1) (1) Election. Each house, at the commencement of each regular session, shall elect a sergeant at arms who shall perform all such duties as by custom appertain to the office of sergeant at arms and all duties imposed by law or by the rules.